BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2900
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          ASSEMBLY THIRD READING
          AB 2900 (Laird)
          As Amended April 1, 2001
          Majority vote 

           LABOR AND EMPLOYMENT     6-2    APPROPRIATIONS      16-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Koretz, Mullin, Lieber,   |Ayes:|Chu, Berg, Calderon,      |
          |     |Chu, Laird, Leno          |     |Corbett, Correa,          |
          |     |                          |     |Firebaugh, Goldberg,      |
          |     |                          |     |Leno, Nation, Negrete     |
          |     |                          |     |McLeod, Oropeza, Pavley,  |
          |     |                          |     |Ridley-Thomas, Wesson,    |
          |     |                          |     |Wiggins, Yee              |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Shirley Horton, Houston   |Nays:|Runner, Bates, Daucher,   |
          |     |                          |     |Haynes, Keene             |
           ----------------------------------------------------------------- 
           SUMMARY  :  Amends various provisions of current law prohibiting  
          discrimination in employment on different bases, to instead  
          prohibit discrimination on the same bases as in the Fair  
          Employment and Housing Act (FEHA). 

           EXISTING LAW  prohibits under:

          1)Various provisions of state law, discrimination in employment  
            on different bases, including, but not limited to, the race,  
            color, sex, religion, and marital status of a person. 

          2)FEHA, discrimination in employment on the basis of race,  
            religious creed, color, national origin, ancestry, physical  
            disability, mental disability, medical condition, marital  
            status, sex, age, or sexual orientation. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor enforcement costs to state agencies, less than  
          $100,000 annually, and minor local law enforcement costs; not  
          state-reimbursable. 

           COMMENTS  :  Under FEHA, commencing with Government Code  12900,  
          employers are prohibited from discrimination in all aspects of  
          employment including hiring, termination and terms and  
          conditions.  The prohibited bases of discrimination are race,  








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          religious creed, color, national origin, ancestry, physical  
          disability, mental disability, medical condition, marital  
          status, sex, age, and sexual orientation.  These bases, and  
          individuals who identify with these bases, are also referred to  
          as "protected classes."  

          There are, however, various other sections of state law relating  
          to labor and employment, located in various codes, that prohibit  
          discrimination against different and varying protected classes.   
          For instance, the provision in state law prohibiting  
          discrimination against physicians in medical staff membership  
          and clinical privileges with hospitals that contract with the  
          Medi-Cal program only covers "sex, race, creed and national  
          origin" (Welfare and Institutions Code  11322.62).  The FEHA  
          list of protected classes is more expansive.

          The author introduced this bill to provide a single legal  
          standard in order to remedy what is argued as a lack of  
          protection for many Californians and the confusion that exists  
          for implementation and compliance with statutes prohibiting  
          discrimination.  This bill eliminates, in specified sections of  
          law, the current list of protected classes and instead applies  
          the FEHA standard, in terms of both the list of prohibited bases  
          of discrimination, as they appear in Government Code  12940,  
          and the definition of those bases, as they appear in Government  
          Code  12926 and  12926.1.  The sections affected by this bill  
          appear in the following Codes;  Labor, Education, Government,  
          Military and Veterans, Public Utilities, Unemployment Insurance,  
          and Welfare and Institutions.  

           This bill is sponsored by Equality California (EQCA).  EQCA  
          argues that by referencing the protected classes in FEHA in  
          other labor related statutes, state law will have a consistent  
          non-discrimination statutory scheme and one of the most  
          comprehensive civil rights protections of any state in the  
          country.  EQCA also writes that "Lesbian, gay bisexual, and  
          transgender workers deserve to know that they are equally  
          protected, and employers deserve to have one standard by which  
          to treat all of their workers."  The bulk of support for this  
          bill comes from various civil rights related organizations.
           

          Analysis Prepared by  :    Nick Louizos / L. & E. / (916) 319-2091  










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